Working for others, code reuse and copyright

jazz_snob

I am about to start my biggest PHP project both in scope and $. Certainly the company will expect to own all the rights to the code I write. I've spent a long time developing a library of core functions and some really useful, reusable classes, all of which I promptly have copyrighted and licensed as open source (artist license, munge however you want but give me credit for original). I honestly don't care how my code is used or if someone makes a zillion dollars off it, I just want to retain the rights to it so I can continue to use it ad infinitum. I figure my 'code base' would probably be 10% or less of the total project code (in terms of # of lines, which is meaningless I know). Basically my copyrighted stuff is low level nuts and bolts stuff or abstract base classes.

So I am curious what coders who read this forum are doing in similar situations or would suggest. Thanks!

vaaaska

Can you do that? Is it part of the license? Or, does the license specify that whomever uses your code be documented and returned to the community? It should all be in the license.

That can't take ownership of something that is already owned...unless you simply allow it.

I would make it plain as day to the customer what's going on in advance...in writing.

MarkR

I have had immeasurable trouble with this, mainly lawyers. I explain that I don't care what the client does with the code - sells it for a gazillion dollars, uses it to launch nukes etc, as long as they don't STOP me from being able to reuse bits of my own code.

Of course typically I'll be developing a web application that will be supported by myself (and my colleagues), so the code itself really has no value (to the client) other than as part of the supported application.

We actually ended up semi-cancelling a project because they wouldn't agree to anything other than having total control of the IP rights to it - something which I couldn't agree to, because it would jeopardise my ability to reuse bits of stuff in future works.

It doesn't disadvantage the client in any way for me to assert my rights in this manner, but for some reason it still annoys them. I am not making any claim that they can't show my code to others - I'm not placing an NDA on them or making them promise not to redistribute the code. I'm just making them promise not to sue MY arse if I want to reuse my own bloody kit!

Mark

jazz_snob

I haven't started the project yet, other than to see what their needs are. I'm trying to sniff out the best solution. Here is the license I've been smacking on my own code: http://www.opensource.org/licenses/artistic-license.php

Elizabeth

The way my contracts read, the company has rights to the code in its entirety, but the developer has the right to reuse snippets of code that he has contributed. It's absurd to think you would have to re-write a log in script or a database connection script a different way for each individual client.

dream_scape

well I sure hope you will have a contract, and it should say something about code ownership. Absent anything about it, you will usually retain all rights on the code.

It would take a pretty sizable sum for me to code something for someone and then transfer them all of the rights on it, since you would basically have to code everything from scratch to be able to do that.

In all of my contracts it clearly states that I own all the rights to the code and grant the client a license to use it. Unless you are going to be paying me enough to live off of for a few years, that is the way I work (and that is the way it works in reality as well). Now I will give up rights on a few things, for example if the company needs some component added that contains some algorithm or something that is part of their competitive advantage or trade secret, then I usually will transfer them the rights on that component. Since my app is plug-able, and most non critical components are plugins, I make the client component a plugin as well, so since it stands "apart" from the rest of the application, it is easier to transfer the rights on that part of the application since the lines are clearly drawn. Doing something like that would be much tricker if all of the code was mixed together. In that case, I'm not even sure it would be doable since there would be no clear separation between code you own and code you transfer ownership of to them.

Incidentally I don't make my apps plug-able for legal reasons, but to give flexibility... but it seems part of that flexibility is legal flexibility as well.

You can also transfer them ownership of the code, but retain ownership of your "developer tools" which can include your nuts and bolts code. This is also common.

Anyways, make sure you have a contract with them before even thinking about starting work, and make sure it covers all major bases, including code ownership, and make sure the scope and specs are worked out prior to signing. It can take awhile to get all the details worked out with a client, but both of you will be standing on much better ground.

Oh yes and you really either need to speak with a lawyer (if you can afford it), or get yourself a software developer legal kit. I've got Nolo's web & software dev legal kit and it was worth every penny a thousand times over. Of course there is no substitute for getting an attorney to personally look at your situation, but IMO as long as you and the client clearly understand each other and can hash out a decent agreement among yourselves, there isn't a great need to bring in an attorney.

Doug_G

You should check with your employer before inserting any gpl or other license code snips in their project, since doing this can affect the overall license for the application in ways they don't want.

$000000.02

madwormer2

Is it enough just to change the variable and function names? With the amount of variables used, that would lead to a significantly large amount of changes to the code.

If you can see where I'm coming from...